Bennett Auto Rebuilders v. Industrial Commission

714 N.E.2d 1064, 306 Ill. App. 3d 650, 239 Ill. Dec. 767, 1999 Ill. App. LEXIS 514
CourtAppellate Court of Illinois
DecidedJuly 13, 1999
Docket1-98-3277 WC
StatusPublished
Cited by6 cases

This text of 714 N.E.2d 1064 (Bennett Auto Rebuilders v. Industrial Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett Auto Rebuilders v. Industrial Commission, 714 N.E.2d 1064, 306 Ill. App. 3d 650, 239 Ill. Dec. 767, 1999 Ill. App. LEXIS 514 (Ill. Ct. App. 1999).

Opinion

JUSTICE HOLDRIDGE

delivered the opinion of the court:

Claimant, Douglas C. Siegele, filed a claim pursuant to the Illinois Workers’ Compensation Act (the Act) (820 ILCS 305/1 et seq.) (West 1996)) seeking compensation for a lower back injury he sustained on October 12, 1993, while employed by Bennett Auto Rebuilders (the employer).

The arbitrator found that claimant sustained accidental injuries, which arose out of and within the course of his employment and which were causally connected to his October 12, 1993, accident. The arbitrator awarded claimant temporary total disability (TTD) benefits and medical expenses and denied his request for penalties. Pursuant to section 8(a) of the Act (820 ILCS 305/8(a) (West 1996)), the arbitrator ordered the employer to provide written authorization for claimant to undergo a surgical procedure prescribed by orthopaedist Dr. George Miz.

The Illinois Industrial Commission (the Commission) affirmed and adopted the arbitrator’s decision. The circuit court of Cook County confirmed the Commission’s decision.

On October 12, 1993, while claimant performed a front end alignment on a vehicle for the employer, he felt a snap in his lower back. He immediately experienced pain throughout his left side, mainly in the area of his left groin and lower back. He sought emergency room treatment at St. Francis Hospital (St. Francis) in Blue Island, Illinois. He was given pain medication and advised to see a physician if his pain did not subside.

Thereafter, claimant began a course of treatment with Dr. Roy Lacey through March 9, 1994. Although he underwent physical therapy, it failed to either improve or alleviate his pain. An MRI of his lower back revealed disc degeneration at L5-S1; small left foramina disc herniations at L3-L4 and L4-L5; and moderate left paracentral disc herniation at L5-S1.

In December 1993, Dr. Lacey referred claimant to general surgeon Dr. Kenneth Anderson, who diagnosed him with a pulled groin muscle and found no evidence of a hernia. On December 11, 1993, Dr. Lacey released claimant to return to work with the light-duty restrictions of lifting no more than 20 pounds and no prolonged standing or bending until his return appointment on December 27, 1993.

In February 1994, Dr. Lacey referred claimant to neurologist Dr. Soo In Lee. Although Dr. Soo In Lee’s exam of claimant produced normal and unremarkable results, he did find pain distribution into the L2 area of claimant’s left side, and he recommended physical therapy.

Also in February 1994, and at the employer’s request, claimant was examined by orthopaedic surgeon Dr. Sid John Shafer. Dr. Shafer examined claimant again on August 1, 1994, and on June 5, 1995. He concluded that claimant suffered a left groin strain and was fit to return to work without the need for any additional medical treatment or surgery.

In April 1994, claimant was seen by Dr. Miz. Claimant underwent additional physical therapy with no improvement. In July 1994, claimant underwent a CT scan and myelogram that confirmed his previous MRI findings, and Dr. Miz diagnosed him with significant herniations in his lower back at L5-S1 and L3-L4. Dr. Miz prescribed a surgical lumbar microdiscectomy to both of claimant’s affected levels in his lower back. The employer refused to authorize such surgical procedure, and claimant has not been released to return to work.

Claimant attempted to return to light-duty work in August 1994. On August 4, 1994, claimant maintains that the employer sent him home, as there was no work available. On August 5, 1994, claimant again reported to work and was told by the employer’s president, Michael McCann (McCann) that documentation would be necessary before he would be allowed to return to work.

McCann testified that on August 5, 1994, claimant reported to work without any tools; said that he did not know why he was there; and indicated that he could not perform any work. McCann stated that he had light-duty work available and that he would have assigned someone to do any necessary lifting for claimant. McCann testified further that he was unaware of the name of claimant’s treating physician, his physical restrictions, the fact that he was taking medication, and the fact that surgery was recommended as the only means to alleviate his pain.

The employer offered surveillance videotape evidence wherein Alan Brooks (Brooks) recorded claimant on August 23, 1994, and September 21, 1994. Brooks acknowledged that he was not a physician, could not tell if claimant was in pain or on pain medication, and was unaware of any restrictions claimant might have been under at the time the videotape was made. The arbitrator viewed 15 to 20 minutes of the 12-hour video tape, which showed claimant reaching down and picking up a small, hollow sheet metal tube for approximately two seconds. Claimant was not shown performing any strenuous activities.

Claimant testified that he had not previously suffered any lower back injury, nor had he suffered any injury since his October 12, 1993, accident. He denied any lifting since October 12, 1993, with the exception of lifting paint cans and using tools and welding equipment. He also denied moving building materials such as bricks, wood, or sheet metal. He has trouble walking, standing, and sitting for long periods of time.

The arbitrator found claimant’s testimony credible. The arbitrator adopted the opinions and conclusions of Dr. Miz and found that Dr. Shafer, in an attempt to categorize claimant’s condition as a simple back strain or groin pull, ignored evidence of claimant’s herniated discs. The arbitrator concluded that claimant sustained accidental injuries, which arose out of and within the course of his employment and which were causally connected to his October 12, 1993, accident. The arbitrator awarded claimant $298.67 per week for 83lh weeks in TTD benefits and $330 in medical expenses and denied claimant’s request for penalties.

The arbitrator determined that the employer failed to produce any credible evidence as to why Dr. Miz’s recommended surgical procedure should not be authorized. The arbitrator found such surgical procedure reasonable and necessary. As a result, and pursuant to section 8(a) of the Act, the arbitrator ordered the employer to provide written authorization for claimant to undergo such surgical procedure. The Commission affirmed and adopted the arbitrator’s decision, and the circuit court confirmed the Commission’s decision.

On appeal, the employer contends that the Commission erred in finding that claimant’s lower back condition was causally connected to his October 1993 accident, as the medical records of Drs. Lacey, Anderson, and Soo In Lee all comport with Dr. Shafer’s finding that no such causal connection existed.

The employer contends further that claimant’s testimony, concerning the pain he felt after his accident and his return to work, was not credible and was rebutted by medical records and McCann’s testimony, respectively.

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Cite This Page — Counsel Stack

Bluebook (online)
714 N.E.2d 1064, 306 Ill. App. 3d 650, 239 Ill. Dec. 767, 1999 Ill. App. LEXIS 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-auto-rebuilders-v-industrial-commission-illappct-1999.